Arizona Nurse Undesignated Felony
The job of the Arizona Board of Nursing is to protect and promote the welfare of the people of Arizona and one what they protect the public is to have laws about Arizona Nurses Undesignated Felony. They do this by ensuring each person who holds a license as a nurse in the State of Arizona is competent to practice safely. Thus, the Arizona Board of Nursing has the authority to discipline the license of any nurse.
The number of applicants in Arizona that applied for nursing licenses or certificates between 1995 and 2008 increased by 1400%. The sheer volume of nursing applicants caused the Arizona Legislature to take action and create Senate Bill 1096 (“SB1096”) which bars nursing applicants from certification and licensure if they have prior felony convictions (“felony bar”). However, the felony bar is lifted three years after their felony sentencing has been completed successfully(or complete discharge from probation). If a nurse has had the felony reduced to a misdemeanor, set aside, dismissed, expunged, etc., the three year waiting period may no longer apply.
Nurse Felony Conviction
Through this bill, the Arizona Board of Nursing (“Board”) may initiate disciplinary proceedings to revoke the application, renewal or reactivation against nurses who failed to disclose a felony conviction. SB1096 also give the Department of Public Safety the right to fingerprint nurses in order to obtain any state or federal criminal history on the person. The reasoning behind a three year bar from nursing is to allow the individual enough time to prove they are safe to practice, in addition to, handling restitution issues with their victim(s) resulting from their felony conviction.
Arizona Undesignated Offense
In 2010 the state of Arizona made a slight change to SB1096 and Arizona Revised Statute (A.R.S.) § 13-604(A). The change allows the Board to treat an undesignated offense that occurs/occurred after 23 July 2010 as a felony until the court actually enters an order designating the offense a misdemeanor. See the Arizona Board of Nursing Felony Bar update.
How Long to Report a Criminal Charge?
So, How Long Does an Arizona Nurse Have to Report a Criminal Charge? A.R.S. 32-3208 requires that nursing licensees and applicants for a nursing license must report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the Arizona Board of Nursing within 10 working days after the charge is filed. A working day would be considered Monday through Friday.
Failure to Report is a Violation
Failure to report a reportable criminal charge within 10 business days is a violation of the Arizona Nurse Practice Act and could result in disciplinary action.
What Crimes Must Be Reported?
A felony must be reported within 10 days of being charged. The following types of misdemeanor or other criminal offenses/charges are crimes that have been determined by the Board to be reportable pursuant to A.RS § 32-3208:
- Assault and Related Offenses
- Theft and Related Offenses
- Fraud, Deceit and Related Offenses
- Abuse, Neglect, Exploitation of a Child or Vulnerable Adult and Related Offenses
- Sexual and Related Offenses
- Drug and/or Alcohol Related Offenses
- Arson and Related Offenses
- Animal Abuse, Cruelty and Related Offenses
If you’re interested in learning more about Arizona Nursing Board Criminal History laws and how to protect your rights, set up a consultation with Chelle Law and our Arizona Nursing Attorney reach out to us today.
